New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-15
HI1SSEY'S SLAYER SET FREE.
NOT EVEN PRISON BARS FOR HAHN.
,,,nar AND COUNSEL SURPRISE AT THE JUxYs
,.... 1,.A1 1cr,lAS nl nARIs EOR u IEY.

nv Hahns counsel, who had expressed OH! ''o nVlo
that some verdict less than murder In inc hs'
would he found. ,,,,,
,estless anxiety face while Judge oo"ips was "c
,,rar,no his charge woro and sometimes an almost
hopeless look The relief when Foreman carpenter III
low voice ANNOUNCED the verdict Of ac1uita was SO great
that even impassive man as the STURDY ponce o'o
corld not entirely conceal his feeling Judge Oo"hs'
ohio had expected different result, simply said to the
jury: , .n,,u,, 60 tho defendant
,oDoa,ed the same words Hahn turned and walked
toward the rear of the roon and az he ala 80 hdhsohe
,opng woman Annie Miller who mas wa'che" t"e pro
arcs at the trial with intense interest Tor HAM Is
So, Iovar throw her arms around his neck and sobbed
,., , Hahn sunported the young woman as they left
A., ,,,r, roo,o together A jubilant group gathered
horv after at the office OF Mt Howe Hahhs lawyer
am, ,he voung policeman received congratulations from
scoras Of his friends. among. whom were two of his
bro,bers who are also members OF the police FORCE
Surprised AT THE VERDICT.
,ie.rep feeling prevailed among the officials at the
o.aor,I sessions building. Judge Cowng would only
s,v. " am surprised at the verdict Colonel Fellows
had prosecuted the with great earnesuess and
ability was almost too greatly surprised to speak on the
,nbect He had expected conviction OF murder III the
arst degree. DstrctAttorney MARITIME said that the
result of the trial almost traeesty Of justice The
court officials who had watched tho progress of the trial.
we're almost unanimous in their expressions OF surprise
that the jury should have rendered such verdict on the
evidence brought out on the trial One Of the counsel
;or the defence said after Hahn hal gone on the witness
tand that 1t really poor case Of sclfdeience.
The most deeply grcved people az the absolute ac4'
Cal Of Hahn were the friends of Captain Iussey the
Mfesaver, who was killed Dy Hahn. Mrs HusSey' the
widow aud Hnsseys daughter both clad IN deep mourn
Eng nave among the regular attendants NJ the '"
Hussoy and the police had had many contests ana
though Hussey had made many enemies lie had also
,Vbo
recklessness with which he would impcr his own life to
save Those friends and neighbors We're loud III
Eheir disapproval of the result OF the trial
The Jurors after they retired TO their stood at
ars. seven for acqua and five for verdict OF man
slaughter hui the first formal ballot resulted III nine
votes for acQuttal. two for mauslaughter III the first
degree and for mansaughter in the second degree
On the second ballot the jurors who had voted for man
daughter in the second degree ionei the majority Tor
ac9ual and the third ballot decisive in favor OF the
defeadant. The jury included several manufacturers
and other business Il grandson OF william f. Dodge
was among the jurors. Foreman Carpenter, who is
skirt manufacturer. said after the trial was over;
The jury thought that The case had not been in ,a
proved by line Pro- Ssnei Of donb and we did The
Jurors considered that the policeman acted III sen ue
move by the testimony that Hussey might have come 10
his death from other cause than the pi>ol so'
wound.
Mr. CARPENTER suggested that the jurors might have
the punishment had not been as he said 50 very
severe" Mansaughter in the first degree i punishable
by imprisonment for from five TO twenty years
JUDGE CowINGs IlPREssIV.; CHARGE.
The proceedings in the trial yesterday consisted only
Of the charge by Judge Cowins, rs the lawyers had M
!shed their arguments previous day The charge
was clear and impressive. lie said in part;
The dcfences in this wo-tbat Iiussey ala not
die OF the wound indicted oy he asiH nG e da i
Either is complete defence II proven IL j. l9r
YOU say far the facts bear out these deenccs As
10 the FIRST have the testimony of two physicians that
the wound caused abscess, the rupture OF the abscess
there was any testimony by any one mat
death resulted from ans other cause II death was III
any way hastened by TIE act OF the deceased Is
homicide. As against vrongdoer man Is entitled TO
every inmate of his lie No matter II the NEGLECT OF he
wounded the mi Mandg 'mcnt OF ms physician
contributed the result # the wound was the cause OF
death the man VINO inflicted it : responsible.
As to the defence OF sefdefence, man must have
reasonable believe that he l. IN danger OF onS
justified in taking the life of another, and that dancer
was imminent present, immeaiate lne E H i ,
aud avoid the danger to the limit oi ms power De
fore he is justified in taking lie III his own defence
The Judge read from several decisions OF the Court oil
Appeals on the points TO which lie alluded, and called
attention some of the evidence He said thht tiee
come OF the liquor store, ana the only opposing
The cbarre of which Hahn was acquitted was the
murder of Jack " ilusscy who was known i0i many
years al Castle Garden. lie hdd won many lncus IOt
Saving the life persons who were III danger 81 crown
ing He was GuaTIelsOme intoxicated liam was
NOT in uniform when the killing took place le had been
at the police picnic June aud accOsted usscl near
Jackson ana Cherry SIS about II O'Clock AT hlgEt Az
Hahn. invitation lius.ey who was already lni"Klc'lc
took two add tOnal drinks Of wnskcy liam VINO hdl
drank number glasses OF beer ran Oui OF inc iJu"r
ttore where Hussey drinking nrcd one or Two
shots air ami then SHOT Hissey, VINO ran "''cr
him He said that a crowd was following lussey ana
throwing stones the police officer Hahn was about
fifteen ieet from iIusscy when ne shot MN
HAHN WANTS HIS SHIELD
Hahn went 10 Police Headquarters IN the Afternoon
accompanied by one OF the assistants OF Hove HUM
mel an told superintendent Murray that he wac ready
% resume duty Mr.. Murray told Hahn to report al inc
central Office again this morning He did not restore
Hahn to duty or give liu back his shield To reporters
Mr. Murray said that Police Board had approved
lie order suspen1iug Hahn from duty, Hahn cOuid MOI
shcd until the Board had acted again III the
matter Hahn will receive fun pay from the tlmc ne was
pui under arrest decision IN the case or Policeman
Nugent OF Manhattan Bank burglary not0reiy, having
male il impossible to keep pay from policemen under
Suspension. -, A.. .
To-day Mir Murray will probably bring TO the notice OF
the Police Board charges that Hahn was absent IRON!
duty without and intoxicated on the eht Oh
the shoe. my and will advise that ne DC urea on INC
charges hrfnre he put active duty IL possible
that Hahn may he dismissed ON those charges
PLUMBERS CON PLAIN TO THE HEALTH HOARD.
Some OF the plumbers III the city have complained
lately that performed by them, according to the
specifications OF the Health Board has been condemned
ny inspecfnrs of the Health Department President